United States Second Circuit

Judgment dismissing plaintiff's medical malpractice claim as time-barred is vacated and remanded, where: 1) that the district court may have mistakenly believed that equitable tolling was not warranted in this case under the Federal Tort Claims Act as a matter of law based on our prior decision in A.Q.C. ex rel. Castillo v. United States; and 2) the matter is remanded for the court to exercise its discretion in the first instance under the correct legal standard, i.e. the district court should consider all of the relevant facts and circumstances, including whether the plaintiff should have known to investigate the issue, to determine, utilizing its own discretion, whether the plaintiff and lawyer were sufficiently diligent in determining an ostensibly private defendant's federal status.

Appellate Information

• Decided 06/28/2013
• Published 06/28/2013

Judges

• KATZMANN

Court

• United States Second Circuit

Counsel